Shep Mullens
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At the end of the Civil War, a new nation seemed to be on the horizon. Emancipation and the beginning of Reconstruction signaled a shift in national, state, and local institutions across the country. The Reconstruction Era, though certainly flawed, offered potential equality for Black and white citizens. During this period of immense change, Black men began to vote and entered positions of power previously denied to them. Formerly enslaved and freed men were elected to public office only a few years after the abolition of slavery.
In Texas, voters elected African American legislators throughout Reconstruction, including fifty-two at the state level. Comprised of farmers, businessmen, preachers, teachers, and lawyers, each of these men had different backgrounds. Though many were denied formal education by their enslavers, most were literate, and all joined the Republican, often referred to as the Radical, Party. Through their positions, they sought to improve the lives of Black people whose opportunities remained scarce after emancipation. For many, postwar freedom in Texas meant sharecropping and tenant farming for low wages, often under the supervision of former enslavers. Many Black officials during Reconstruction endeavored to address these oppressions and provide resources to those in need.
Shep Mullens, one of these Black officials in Texas, resided in Waco. Born enslaved in 1828 in Lawrence County, Alabama, Mullens’s white enslavers relocated to Texas in 1854. They eventually moved to Waco by 1860, where Mullens remained following emancipation. On August 23, 1867, he registered to vote in McLennan County. That same year, General Charles Griffin, a military leader stationed in the previously Confederate state, appointed Mullens to County Commissioner and Voter Registrar. Griffin, who worked for the Freedman’s Bureau of Texas, registered Black and white voters throughout the state, and refused to recognize public officials who had previously worked on behalf of the Confederacy.
After Mullens’s appointment in 1867, voters elected him to the Constitutional Convention of 1868-69, where he filled the seat of a deceased member who previously represented McLennan, Falls, and Bell Counties. There, he served as a member of the Public Lands, Commerce, and Manufactures Committees. Following this election, General Joseph John Reynolds, who succeeded General Griffin, again selected Mullens as County Commissioner of McLennan County. Republican Party members and local voters saw Mullens as a promising, rising politician.
In 1869, Republicans appointed Mullens to Republican Party leader of McLennan County, and voters elected him to a seat in the Texas House of Representatives. He took the oath of office for the Twelfth Legislature on February 8, 1870. That legislature included the largest number of Black senators and representatives as well as the only Republican majority in the Reconstruction and post-Reconstruction eras. During his tenure, Mullens served on the Privileges and Elections Committee as well as the Federal Relations and Immigration Committees. He also advocated for integrated, state-funded public education. Additionally, he sought to establish the Texas State Police and a militia to subdue violence, often initiated by white Americans against Black Americans, throughout the state. In 1870, the New Era, an African American newspaper, praised his efforts and declared that “[there] is no more earnest worker in the Republican ranks, and no man in his district possesses the confidence of the people to a greater extent than does Mr. Mullens.”
Mullens also worked as a blacksmith in Waco. Local tax rolls convey that he owned $1,174 worth of property, including two lots in the city. County marriage records also report that Mullens married Sallie “Agnes” Downs, a formerly enslaved woman in Texas, on December 26, 1866. Together, they had a daughter named Mary, born prior on April 22, 1858.
On August 6, 1871, Mullens passed away unexpectedly at the age of forty-two. He was buried in Waco at First Street Cemetery, and his elected positions remained unfilled as Reconstruction fell apart in Texas and throughout the country. A result of the Compromise of 1877, Reconstruction ended with an informal agreement between Southern Democrats and the Republican Party. Republicans, seeking Democratic approval of the election of President Rutherford B. Hayes, agreed to remove federal troops stationed in previous Confederate states. Though roughly two thousand Black men held positions at the local, state, and federal levels throughout Reconstruction, those numbers dramatically declined following 1877.
After the Compromise, white Americans overthrew Reconstruction-era governments, disenfranchised Black voters, and removed Black men from public office. In some states, white leaders attempted to eliminate Black politicians’ names from the historical record. As a result, little information remains about many of these men, their time in office, or their lives in general.
In Texas, following Mullens’s passing in 1871, white leaders and voters removed all Black officials from office by 1883. Not until 1966, following the passage of the Voting Rights Act of 1965 and the election of Barbara Jordan, would Texas be represented by another Black American. Though some documentation remains, many of their legacies remain sparse, including that of Mullens. His story, in some ways, lost—like the Reconstruction efforts of the late nineteenth century.
Note: Different documents contain varied spellings of Shep Mullens’s name. These include Shep, Shepherd, Sheppard, or Shepart, and Mullens or Mullins.
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End of an Era
After Shep Mullens’s death in 1871, Reconstruction efforts began to unravel. In the post-Reconstruction era, not only did white Americans restrict Black voting rights and political leadership but also limited the protections again white violence that Mullens advocated for. The Equal Justice Initiative reports that white Americans lynched more than 4,400 Black Americans from the end of Reconstruction in 1877 to 1950. | Source: “Shepart Mullins – Original Marker.” Photograph. First Street Cemetery, McLennan County, Texas. ACPL Genealogy Center. Accessed July 28, 2022. https://www.genealogycenter.info/viewpage_txfirststreetcem.php?surname=mullins&firstname=shepart%20-%20original%20marker; Equal Justice Initiative. “Chapter Three: Documenting Reconstruction Violence, Known and Unknown Horrors.” Reconstruction in America. Accessed July 28, 2022. https://eji.org/report/reconstruction-in-america/documenting-reconstruction-violence/.
Oath of Office
When Shep Mullens was sworn into the Twelfth Texas Legislature in 1870, thirteen other Black senators and representatives joined him. The senators were Matthew Gaines and George T. Ruby. The representatives included: Richard Allen, D.W. Burley, Giles Cotton, Goldsteen Dupree, Jeremiah J. Hamilton, Mitchell Kendal, David Medlock, John Mitchell, Henry Moore, Benjamin F. Williams, and Richard Williams. | Source: Journal of the House of Representatives of the State of Texas: Provisional Session of 1870. Texas State Library, Austin, Texas. February 8, 1870. Legislative Reference Library of Texas. https://lrl.texas.gov/scanned/Housejournals/12/02081870_1_2.pdf; Barr, Alwyn. “Black Legislators of Reconstruction Texas.” Civil War History 32, no. 4 (December 1986): 340-352. https://doi.org/10.1353/cwh.1986.0019.
Tenacious Trailblazer
Matthew Gaines, a senator from the 16th District and one of Mullens’s colleagues in the Texas Legislature, advocated for public schooling and agricultural opportunities for Texans. Gaines, formerly enslaved in Texas, also advocated for the rights of freed people, particularly through his support of the Morrill Act (1862), which provided land and funding for agricultural and mechanical colleges, like Texas A&M University. He also sought to protect voting rights and backed prison reform efforts. | Source: “Matthew Gaines.” Photograph. Dallas, Texas. From DeGolyer Library, Southern Methodist University, Lawrence T. Jones III Collection. https://lrl.texas.gov/legeLeaders/members/memberdisplay.cfm?memberID=4360; “The History of Matthew Gaines.” Texas A&M University. Accessed July 28, 2022. https://studentaffairs.tamu.edu/matthew-gaines-history/.
Longtime Leader
Born free in New York, George T. Ruby moved south to Louisiana as a schoolteacher and settled in Texas after joining the Freedmen’s Bureau at Galveston. As a senator in Texas’s Twelfth Legislature, Ruby advocated for workers’ rights, particularly for marginalized Black workers, and educational opportunities. As Democrats achieved majority in the Texas Legislature and pushed Republicans out, Ruby chose not to seek reelection in 1873 and returned to Louisiana where he continued political and activist work. | Source: “George T. Ruby.” Photograph. Dallas, Texas. From DeGolyer Library, Southern Methodist University, Lawrence T. Jones III Collection. https://lrl.texas.gov/mobile/memberDisplay.cfm?memberID=4382; Pitre, Merline. “Ruby, George Thompson (1841-1882).” Handbook of Texas Online. Texas State Historical Association. January 19, 2021. https://www.tshaonline.org/handbook/entries/ruby-george-thompson.
Carpenter and Congressman
After emancipation, Richard Allen worked as a carpenter, designing and building Houston mayor Joseph R. Morris’s home, and held a number of other positions, included commission agent, saloon owner, and quartermaster of the Black regiment of the Texas militia. While in the Twelfth Legislature, he advocated for education, civil rights, and like Mullens, a police force to curb violence in the state. | Source: “Richard Allen.” Photograph. State Preservation Board. https://lrl.texas.gov/legeLeaders/members/memberdisplay.cfm?memberID=4407#bio; Barr, Alwyn and Cary D. Wintz. “Allen, Richard (1830-1909).” Handbook of Texas Online. Texas State Historical Association. September 29, 2020. https://www.tshaonline.org/handbook/entries/allen-richard.
Educating, Legislating, & Editing
Jeremiah J. Hamilton, who learned to read while enslaved, established a school for Black Americans after the Civil War. During his political career, he worked as Voter Registrar in Bastrop County and successfully ran as a Republican Representative for the Twelfth Legislature. After, he owned and edited Black newspapers, including the Austin Citizen and National Union. | Source: “Jeremiah J. Hamilton.” Photograph. State Preservation Board. https://lrl.texas.gov/legeLeaders/members/memberdisplay.cfm?memberID=4440; Hamilton, Jeremiah J. (1838-ca. 1905).” Handbook of Texas Online. Texas State Historical Association. November 9, 2020. https://www.tshaonline.org/handbook/entries/hamilton-jeremiah-j.
Property & Politics
In 1846, when John Mitchell arrived a freed man in Texas, he was a farmer and owned property valued at $3,750, making him the wealthiest Black member of the Twelfth Legislature. In 1878, he ran with the Greenback party for the United States House of Representatives but lost the election. As a Texas legislator, he represented Burleson, Brazos, and Milam counties, and later, Burleson and Washington counties in the Fourteenth Legislature. | Source: “John Mitchell.” Photograph. State Preservation Board. https://lrl.texas.gov/legeLeaders/members/memberdisplay.cfm?memberID=4517; Lucko, Paul M. “Mitchell, John (1837-1921).” Handbook of Texas Online. Texas State Historical Association. April 1, 1995. https://www.tshaonline.org/handbook/entries/mitchell-john.
Persistent Advocate
A minister and advocate for civil rights, Benjamin Franklin Williams won a seat at the Constitutional Convention in 1968-69 and was, like Mullens, elected to the Twelfth Legislature for Lavaca and Colorado Counties in 1871. | Source: “Benjamin Franklin Williams.” Photograph. State Preservation Board. https://lrl.texas.gov/legeleaders/members/memberDisplay.cfm?memberID=4193; Pitre, Merline. “Williams, Benjamin Franklin (1819-1886).” Handbook of Texas Online. Texas State Historical Association. July 27, 2022. https://www.tshaonline.org/handbook/entries/williams-benjamin-franklin.
Casting a Vote:
Prior to Reconstruction and the passage of the Fifteenth Amendment, local, state, and federal governments barred Black men from voting. Rowena Keatts reflects on the significance of voting to her grandfather, who voted during Reconstruction, and her father. | Source: Keatts, Rowena Weatherly. Interviewed by Rebecca Sharpless, May 5, 1986, in Waco, TX. Baylor University Institute for Oral History, Waco, TX. Access full interview here.